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Scottish Court of Session Decisions >>
James Miller and his Attornies, v John Allen. [1792] Mor 4651 (8 June 1792)
URL: http://www.bailii.org/scot/cases/ScotCS/1792/Mor1104651-012.html Cite as:
[1792] Mor 4651
Can a foreigner be appointed a tutor here. Can a foreigner be received as a cautioner. Who understood to be a foreigner. Can a foreigner be sued in this country.
James Miller and his Attornies, v. John Allen
Date: 8 June 1792 Case No. No 12.
An alien cannot sue, in the Courts of this country, as a tutor-at-law or curator for an insane person resident in Scotland.
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Miller, a subject of the United States, of America, as curator-in-law of his brother, a fatuous person, residing in Scotland, brought an action, by his attornies, against Allen, for monies due to his brother.
Allen did not dispute the justice of the debt; but contended, That the pursuer, being an alien, could not be allowed, as a curator-in-law, to uplift sums of money due by, and belonging to a person residing here.
The Lords sustained the defences.
Reporter, Lord Henderland.Act. Cullen.Alt. Hay.Clerk, Menzies.
Fol. Dic. v. 3. p. 232. Fac. Col. No 216. p. 455.
